Is 9-OH Legal in South Carolina? (2026)

Instrument

South Carolina Kratom Consumer Protection Act (Article 20)

Source

https://www.scstatehouse.gov/code/statmast.php?title=44&chapter=53

Retrieved

2026-11-08

Fingerprint

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SECTION 44-53-2010. Definitions.
As used in this article:
(1) "Department" means the South Carolina Department of Public Health.
(2) "Food" means any food, food product, food ingredient, dietary ingredient, dietary supplement, or beverage intended for human consumption.
(3) "Kratom" means any part of the tropical evergreen plant mitragyna speciosa.
(4) “Kratom processor” means a person or entity that prepares, manufactures, distributes, or maintains kratom products or advertises, represents, or claims to sell, prepare, or maintain kratom products.
(5) "Kratom product" means any food or dietary ingredient, produced as a food, drink, powder, pill, capsule, or any other format intended for oral consumption that:
(a) contains any part of the leaf of the plant mitragyna speciosa, either on its native leaf or extracted form; or
(b) contains any kratom alkaloids or constituents, or synthesized metabolites of any kratom alkaloids or constituents.
(6) “Kratom retailer” means a person or entity that sells or advertises, represents, or claims to sell kratom products.
HISTORY: 2025 Act No. 35 (S.221), § 1, eff July 11, 2025.
SECTION 44-53-2020. Kratom processors and retailers; unlawful acts.
(A) It is unlawful for a kratom processor or kratom retailer to:
(1) distribute, dispense, or sell any kratom product to any individual under twenty-one years of age; or
(2) prepare, manufacture, distribute, dispense, or sell any kratom product that:
(a) is adulterated with a dangerous non-kratom substance that affects the quality or strength of the product to such a degree that it may injure a consumer;
(b) contains a poisonous or otherwise harmful non-kratom ingredient including, but not limited to, any substance listed in Section 44-53-190, 44-53-210, 44-53-230, 44-53-250, or 44-53-270;
(c) contains a fully synthetic alkaloid including, but not limited to, fully synthetic mitragynine, fully synthetic 7-hydroxymitragynine, or any other fully synthetically derived compound of the plant mitragyna speciosa;
(d) contains levels of residual solvents higher than the standards set forth in Chapter 467 of the U.S. Pharmacopeia-National Formulary (USP-NF); or
(e) does not meet the labeling requirements established pursuant to Section 44-53-2030 and a regulation promulgated to implement the provisions of that section.
(B) It is unlawful for a kratom retailer to display or store a kratom product in a retail location in a manner that would allow the product to be accessed by an individual under twenty-one years of age.
HISTORY: 2025 Act No. 35 (S.221), § 1, eff July 11, 2025.
SECTION 44-53-2030. Kratom products; labels.
Every kratom product must be accompanied by a clear label that provides adequate information for safe and effective use by consumers including, but not limited to:
(1) a list of the ingredients used in the manufacture of the product;
(2) the amount of mitragynine and 7-hydroxymitragynine contained in the product;
(3) the recommended serving size of the product;
(4) the number of servings per container;
(5) the name and the principal street address of the vendor or the person responsible for distributing the product;
(6) any precautionary statements as to the safety and effectiveness of the product;
(7) a statement that the product is not intended to diagnose, treat, cure, or prevent any medical condition or disease; and
(8) a statement that the sale or transfer of the product to a person under twenty-one years of age is prohibited.
HISTORY: 2025 Act No. 35 (S.221), § 1, eff July 11, 2025.
SECTION 44-53-2040. Violations; penalties.
A retailer found to be in violation of Section 44-53-2020 or 44-53-2030, or a regulation promulgated pursuant to the provisions of this article, is subject to a civil penalty of not more than one thousand dollars for a first offense and a civil penalty of not more than two thousand dollars for a second or subsequent offense.

Instrument

South Carolina Kratom Consumer Protection Act: definitions; unlawful acts

Source

https://www.scstatehouse.gov/code/t44c053.php

Retrieved

2026-10-29

Fingerprint

ec5bbac9b6f959e1

SECTION 44-53-2010.
 Definitions.

	As used in this article:

	(1) "Department" means the South Carolina Department of Public Health.

	(2) "Food" means any food, food product, food ingredient, dietary ingredient, dietary supplement, or beverage intended for human consumption.

	(3) "Kratom" means any part of the tropical evergreen plant mitragyna speciosa.

	(4) “Kratom processor” means a person or entity that prepares, manufactures, distributes, or maintains kratom products or advertises, represents, or claims to sell, prepare, or maintain kratom products.

	(5) "Kratom product" means any food or dietary ingredient, produced as a food, drink, powder, pill, capsule, or any other format intended for oral consumption that:

	(a) contains any part of the leaf of the plant mitragyna speciosa, either on its native leaf or extracted form; or

	(b) contains any kratom alkaloids or constituents, or synthesized metabolites of any kratom alkaloids or constituents.

	(6) “Kratom retailer” means a person or entity that sells or advertises, represents, or claims to sell kratom products.

HISTORY: 2025 Act No. 35 (S.221), SECTION 1, eff July 11, 2025.

 SECTION 44-53-2020.
 Kratom processors and retailers; unlawful acts.

	(A) It is unlawful for a kratom processor or kratom retailer to:

	(1) distribute, dispense, or sell any kratom product to any individual under twenty-one years of age; or

	(2) prepare, manufacture, distribute, dispense, or sell any kratom product that:

	(a) is adulterated with a dangerous non-kratom substance that affects the quality or strength of the product to such a degree that it may injure a consumer;

	(b) contains a poisonous or otherwise harmful non-kratom ingredient including, but not limited to, any substance listed in Section 44-53-190, 44-53-210, 44-53-230, 44-53-250, or 44-53-270;

	(c) contains a fully synthetic alkaloid including, but not limited to, fully synthetic mitragynine, fully synthetic 7-hydroxymitragynine, or any other fully synthetically derived compound of the plant mitragyna speciosa;

	(d) contains levels of residual solvents higher than the standards set forth in Chapter 467 of the U.S. Pharmacopeia-National Formulary (USP-NF); or

	(e) does not meet the labeling requirements established pursuant to Section 44-53-2030 and a regulation promulgated to implement the provisions of that section.

	(B) It is unlawful for a kratom retailer to display or store a kratom product in a retail location in a manner that would allow the product to be accessed by an individual under twenty-one years of age.

Instrument

SC KCPA - age 21, fully-synthetic-alkaloid ban, labeling (7-OH disclosed, NO cap)

Source

https://www.scstatehouse.gov/code/t44c053.php

Retrieved

2026-07-07

Fingerprint

6b22b88ab851d1cc

44-53-2010 Definitions. (3) "Kratom" means any part of the tropical evergreen plant mitragyna speciosa. (5) "Kratom product" means any food or dietary ingredient ... that: (a) contains any part of the leaf of the plant mitragyna speciosa, either on its native leaf or extracted form; or (b) contains any kratom alkaloids or constituents, or synthesized metabolites of any kratom alkaloids or constituents.
44-53-2020 (A) It is unlawful for a kratom processor or kratom retailer to: (1) distribute, dispense, or sell any kratom product to any individual under twenty-one years of age; or (2) prepare, manufacture, distribute, dispense, or sell any kratom product that: (a) is adulterated with a dangerous non-kratom substance ...; (b) contains a poisonous or otherwise harmful non-kratom ingredient including ... any substance listed in Section 44-53-190, 210, 230, 250, or 270; (c) contains a fully synthetic alkaloid including, but not limited to, fully synthetic mitragynine, fully synthetic 7-hydroxymitragynine, or any other fully synthetically derived compound of the plant mitragyna speciosa; (d) [residual solvents > USP-NF]; or (e) [not properly labeled]. (B) [no display accessible to under-21].
44-53-2030 Labels (ingredients; amount of mitragynine and 7-hydroxymitragynine; serving size; servings per container; vendor; precautionary statements; not-intended-to-treat; under-21 prohibition).
44-53-2040 Violations: civil penalty up to $1,000 first / $2,000 subsequent.

Instrument

Placement of Three 7-Hydroxymitragynine Related Substances in Schedule I

Source

https://dph.sc.gov/sites/scdph/files/2026-09/Controlled_Substance_Order_20260925.pdf

Retrieved

2026-10-29

Fingerprint

2ceb3157b2e0824e

Placement of Three 7- Hydroxymitragynine Related Substances in Schedule I for Controlled Substances

WHEREAS, pursuant to S.C. Code Section 44-53-160(C), the Director of the South Carolina Department of
Public Health shall designate a substance as a controlled substance by scheduling it in accordance with an order
effecting federal scheduling as a controlled substance;

WHEREAS,  the  U.S.  Department  of  Justice,  Drug  Enforcement  Administration  (DEA),  issued  a  temporary
scheduling order placing three 7-hydroxymitragynine-related substances:

Methyl (E)-2-((1′S,6′S,7′S)-6′-ethyl-4-methoxy-3-oxo-3′,5′,6′,7′,8′,8a′-hexahydro-2′H-spiro[indoline-
2,1′-indolizine]-7′-yl)-3-methoxyacrylate (commonly known as mitragynine pseudoindoxyl);

Methyl (E)-2-((2S,3S,7aS,12aR,12bS)-3-ethyl-7a-hydroxy-8-methoxy-1,2,3,4,6,7,7a,12,12a,12b-
decahydroindolo[2,3-a]quinolizin-2-yl)-3-methoxyacrylate (commonly known as MGM–15; also
known as dihydro-7-hydroxymitragynine); and

Methyl (E)-2-((2S,3S,7aS,12aR,12bS)-3-ethyl-9-fluoro-7a-hydroxy-8- methoxy-
1,2,3,4,6,7,7a,12,12a,12b-decahydroindolo[2,3-a]quinolizin-2-yl)-3-methoxyacrylate (commonly
known as MGM–16; also known as 9-fluoro-dihydro-7-hydroxymitragynine; or 10-fluoro-dihydro-7-
hydroxymitragynine (depending on numbering convention)),

(hereinafter referred to as mitragynine pseudoindoxyl, MGM-15, and MGM-16, respectively), including
their isomers, esters, ethers, salts and salts of isomers, esters and ethers, into Schedule I of the federal Controlled
Substance Act (CSA), effective August 26, 2026, F.R. Volume 91, Number 164, pp. 54948-54956; and

WHEREAS, the DEA has concluded that Schedule I placement of mitragynine pseudoindoxyl, MGM-15, and
MGM-16 on a temporary basis is necessary to avoid imminent hazard to the public pursuant to 21 U.S.C. 811(h);
available data and information for these substances indicate that they have a high potential for abuse, no currently
accepted  medical  use  in  treatment  in  the  United  States,  and  a  lack  of  accepted  safety  for  use  under  medical
supervision; and therefore placed mitragynine pseudoindoxyl, MGM-15, and MGM-16 in Schedule I of the CSA;

THEREFORE, the Department of Public Health adopts the federal scheduling of mitragynine pseudoindoxyl,
MGM-15, and MGM-16, including their isomers, esters, ethers, salts and salts of isomers, esters and ethers, into
Schedule I of the South Carolina Controlled Substances Act, S.C. Code Section 44-53-190.

___________________________________________
L. Brannon Traxler. MD, MPH
Acting Director, S.C. Department of Public Health

September 25, 2026